(5) The issue of prescription application to a person guilty of a
crime to be sentenced by death penalty shall be solved by court. Should
court consider it possible to apply prescription, death penalty shall not
be applied, and imprisonment shall be imposed.
(6) Prescription shall not be applied to crimes against peace and
security of humanity in cases specially provided for by the Kyrgyz
Republic laws.
CHAPTER 12. INDEMNITY
Article 68. Indemnity Due to Loss of Social Danger by the Person
An offender may under the court decision be indemnified if such
person is recognized no longer dangerous after the crime commitment due
to irreproachable conduct and conscientious attitude to labor or
learning.
Article 69. Grant of Parole
(1) A person serving imprisonment or confinement in a disciplinary
military unit may be given grant of parole if court recognizes that such
person does not need complete service of the sentenced imposed by court
for correction. In this case, the person may also be fully or partially
indemnified from the additional sentence.
(2) Applying grant of parole, court may oblige the person with
duties provided for in part 4 of Article 64 hereof that the person will
be obliged to fulfill through the remanent term.
(3) Grant of parole may only be applied if the person has actually
served:
1) at least a half term of the sentence imposed for a petty crime
or for a less severe crime;
2) at least two thirds of the term of the sentence imposed for a
severe crime;
3) at least three fourth of the term of the sentence imposed for a
special severe crime.
(4) The term of sentence actually served by the person in
confinement shall not be less than 6 months.
(5) Control of conduct of the person given grant of parole is a
responsibility of interior bodies or military unit/institution command in
case of military staff.
(6) If during the remanent:
1) the convicted person commits public disturbance resulted in
imposition of administrative discipline, or persistently evades from
duties obliged under the grant of parole, at request of the bodies stated
in part 5 of this Article, court shall decide on revocation of the grant
of parole and execution of the remanent;
2) the convicted person commits a crime through carelessness, the
issue of the grant of parole revocation or continuation shall be solved
by court;
3) the convicted person commits an intended crime, court shall
impose a sentence according to regulations provided for in Article 60
hereof. Under the same regulations shall the court impose a sentence in
case of a crime committed through carelessness if court has revoked the
grant of parole.